[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 11-26-2012 by Ord. No. 2012-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 147, Noise Control, adopted 10-12-1998 by Ord. No. 98-7, as amended.
This chapter shall be known as the "Lower Allen Township Noise Control Ordinance."
A. 
All terminology used in this chapter not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION OPERATION
The erection, addition, repair, renovation, demolition or removal of any building or structure, or portion thereof, and the excavation, filling, grading and installation of site infrastructure on lots in connection therewith.
[Amended 3-13-2023 by Ord. No. 2023-02]
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth. The term does not include devices such as "ground and handheld sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
[Added 8-27-2018 by Ord. No. 2018-07]
DEPARTMENT
Any department, agency or authority of Lower Allen Township.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY VEHICLE
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from an imminent exposure to danger.
MOTOR VEHICLE
The same as defined in the Pennsylvania Motor Vehicle Code.
MUFFLER or SOUND-DISSIPATIVE DEVICE
A device decreasing or abating the level of sound escaping from an engine or machinery system.
NOISE
Any sound which is unwanted or which causes an adverse psychological or physiological effect on human beings.
NOISE DISTURBANCE
Sound which:
(1) 
Disrupts or injures the comfort, repose, health, hearing, peace or safety of persons;
(2) 
Annoys, disturbs or perturbs a reasonable person with normal sensitivities;
(3) 
Endangers or injures personal or real property.
PERSONS
Any individual, association, partnership or corporation, user, owner or operator and includes any officer, employee, department, agency or instrument of a state or any political subdivision of a state. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers or any of them of partnerships and associations, and as for corporations, the officers and managers thereof or any of them and, in their absence, the shareholders.
PLAINLY AUDIBLE NOISE
Any noise for which the information content of that noise is unambiguously communicated to the listener, such as but not limited to understandable spoken speech and comprehensible musical rhythms.
POWERED MODEL VEHICLES
Any powered vehicles, either airborne, waterborne or landborne, which are designed not to carry persons or property, such as but not limited to model airplanes, boats, cars and rockets, and which can be propelled by mechanical means.
PROPERTY BOUNDARY
An imaginary line exterior to any enclosed structure, at the ground surface, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, and its vertical extension.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public rights-of-way.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium or the superposition of such propagated oscillation which evokes an auditory sensation. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
SPECIAL EVENTS
A ticketed or unticketed event held by an establishment licensed by the Liquor Control Board, including any event outside the normal scope of entertainment that does not require an admission fee.
STATIONARY NOISE SOURCE
Any stationary device, fixed or movable, which is located or used on any real property.
ZONING DISTRICTS
The land use districts designated in Chapter 220, Zoning, of 1995, as amended from time to time.
[Amended 3-13-2023 by Ord. No. 2023-02]
The power and authority to enforce the provisions of this chapter shall be vested in the Police Department and the Department of Community and Economic Development.
The following acts are declared to be a noise disturbance and in violation of this chapter if occurring during the period of time set forth in this section:
A. 
Between the hours of 11:00 p.m. and 7:00 a.m., operating or permitting the use or operation of any radio set, musical instrument, television, phonograph, sound amplifier, automobile audio systems, high-fidelity equipment, portable stereo or other device, including but not limited to devices utilizing digital technology, for the production or reproduction of sound:
[Amended 3-13-2023 by Ord. No. 2023-02]
(1) 
Such noise level shall not create a noise disturbance within a dwelling unit which is not the source of the sound.
(2) 
Such noise level shall not be heard from the boundary line of the real property affected by the noise, the curbline of a public street or way or a point not less than 50 feet from the source of the noise in Residential and MUN Zoning Districts and not less than 250 feet in Commercial and Industrial Zoning Districts.
B. 
Animal noise: refer to § 65-2, Disturbing or loud noise, from any dog or domestic animal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Between the hours of 11:00 p.m. and 7:00 a.m., loading, unloading or handling boxes, containers, trailers, garbage cans or the general activity of loading or unloading operations of vehicles in such a manner as to cause a noise disturbance across the property line (boundary). This section shall not apply to municipal or utility services in or about the public right-of-way and the collection of refuse in compliance with § 180-12D(6), regarding times of collection.
[Amended 4-10-2017 by Ord. No. 2017-04; 3-13-2023 by Ord. No. 2023-02]
D. 
Between the hours of 11:00 p.m. and 7:00 a.m., repairing, rebuilding, modifying or testing any machine with an internal combustion engine in or near a residential use district if the noise of such repairing, rebuilding, modifying or testing shall be heard from the boundary line of the real property affected by the noise, the curbline of a public street or way or a point not less than 50 feet from the source of the noise, whichever is less.
E. 
Between the hours of 11:00 p.m. and 7:00 a.m., operating or permitting the operation of powered model vehicles in such a manner as to create a noise disturbance across any property boundary.
F. 
Between the hours of 11:00 p.m. and 7:00 a.m., operating or permitting the operating of any mower, powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas in a manner so as to cause a noise disturbance across a residential property line (boundary).
G. 
Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential area, except between the hours of 9:00 a.m. and sunset, per § 155-6A, Peddling and Soliciting, Prohibited practices.
[Amended 3-13-2023 by Ord. No. 2023-02]
H. 
The following acts or the causing thereof are prohibited:
(1) 
The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement of any muffler or sound-dissipative device or element of design or noise label of any product.
(2) 
The intentional moving or rendering inaccurate or inoperative of any sound-monitoring instrument or device positioned by or for the personnel authorized to enforce this chapter, provided that such device is clearly labeled in accordance with noise control regulations to ward off the potential illegality.
(3) 
The use of a product which has had a muffler or sound-dissipative device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.
I. 
Discharging, detonating, igniting or otherwise using consumer fireworks between the hours of 10:00 p.m. and 10:00 a.m. shall be prohibited, except during the following periods, when consumer fireworks may be used until 1:00 a.m. the following day:
[Added 8-27-2018 by Ord. No. 2018-07[1]; amended 3-13-2023 by Ord. No. 2023-02]
(1) 
On July 2, 3, and 4. When July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday.
(2) 
On December 31.
(3) 
Memorial Day, including the immediately preceding Saturday and Sunday.
(4) 
Labor Day, including the immediately preceding Saturday and Sunday.
[1]
Editor's Note: This ordinance also redesignated former Subsection I as Subsection J.
J. 
Between the hours of 10:00 p.m. and 7:00 a.m., performing construction activities on a construction site including the use of construction equipment, power tools or hand tools in or near a residential use district if the noise of such construction shall be heard from the boundary line of the real property affected by the noise, the curbline of a public street or way or a point not less than 50 feet from the source of the noise, whichever is less.
[Amended 3-13-2023 by Ord. No. 2023-02]
A. 
No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle while the vehicle is stationary, for reasons other than traffic congestion, anywhere within 150 feet of any residence in such a manner as to cause a noise disturbance across residential property lines (boundary). Auxiliary equipment shall include air brakes, horns and other devices associated with the operation of motor vehicles.
[Amended 4-10-2017 by Ord. No. 2017-04]
B. 
The noise from any of the prohibited acts that disturbs two or more residents who are in general agreement as to times and duration of the noise and who reside in separate residences, including apartments and condominiums located across a property line (boundary) from the property on which the source of the noise is generated, shall be prima facie evidence of a noise disturbance.
A. 
Violation of this chapter shall be cause for a citation to be issued, directly to the owner, occupant or person or persons in charge of or in control of the device, building or premises.
B. 
Enforcement personnel may verbally communicate with the on-site staff to request that sound levels be decreased. Enforcement personnel shall have the power to shut down amplified music if two complaints are received for the same event from unrelated parties.
C. 
Upon good cause shown by the owner of any noise source, who was issued a notice under Subsection A or B, the Township Manager shall have the power to grant an exemption from the operation of this chapter in order to allow for sufficient time for installation of needed control equipment; such exemption may be renewed for an additional like period, but only if satisfactory progress toward compliance is shown.
The following sounds are exempted from the provision of this chapter:
A. 
Railway locomotives and cars.
B. 
Amplified announcements. Electronically amplified announcements at athletic events.
C. 
Blasting. Blasting under permit, which blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized by such permit.
D. 
Concerts, etc. Band concerts, block parties, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between the hours of 11:00 p.m. and 7:00 a.m.
E. 
Emergency operations. Sound caused by the performance of emergency operations or by the ordinary and accepted use of emergency apparatus and equipment.
F. 
Municipal and utility services. Sounds resulting from the repair or replacement of any municipal or utility or infrastructure installation in or about the public right-of-way or within a utility easement.
[Amended 3-13-2023 by Ord. No. 2023-02]
G. 
School and public activities. Sounds not electronically amplified, created by organized school-related activities, athletic and entertainment events or other public programs, activities or events, other than fireworks or fireworks displays.
(1) 
Any person responsible for any activity or event involving fireworks or fireworks displays shall apply for a special permit with the Department of Public Safety.
[Amended 3-13-2023 by Ord. No. 2023-02]
H. 
Other exemptions:
(1) 
Highway noise.
(2) 
Aircraft.
(3) 
Idling of construction equipment on highways.
(4) 
Farm animals located in an area zoned to allow farm animals.
(5) 
Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity.
A. 
It is the intent of the Board of Commissioners of Lower Allen Township to enforce noise locally for licensed Liquor Control Board establishments located in Commercial, Industrial or Mixed-Use Neighborhood Zoning Districts.
B. 
Licensed establishments comply with the Liquor Code for local enforcement per Act 2012-116 (July 5, 2012).[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
C. 
Licensed establishments that have special events shall give at least 30 days' written notice to Lower Allen Township and pay a permit fee as determined by resolution of the Board of Commissioners of Lower Allen Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Cumberland County.
B. 
The noise from any prohibited acts that disturbs two or more residents in general agreement as to times and duration of the noise and who reside in separate residences, including apartments and condominiums located across a property line (boundary) from the property on which the source of the noise is generated, shall be prima facie evidence of a noise disturbance.
[Added 3-13-2023 by Ord. No. 2023-02]